CR1 RFE Court Records for Criminal Conviction

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Several Years ago I was arrested and charged with causing Criminl Damage, I was tried but found not guilty.

For both my K1  and (CR1 DS-260) I listed this and also supplied a Police certificate that showed I had no criminal convictions or atleast no records found.

 

However I have now been asked for an RFE of the court documents, I'm contacting the court now to try and obtain these records but it was so long ago (2002) I can't even remember who my Solicitors were and I'm worried that even the courts might not even be able to find anything because I'm unable to supply more than my name, address at the time and date of birth.

 

Looks like I'm in for a busy morning of googling and making phone calls.

 

Any advice from anyone with similar experience would be appreciated.

[Going through 5,671]

1 hour ago, slashdot said:

Several Years ago I was arrested and charged with causing Criminl Damage, I was tried but found not guilty.

For both my K1  and (CR1 DS-260) I listed this and also supplied a Police certificate that showed I had no criminal convictions or atleast no records found.

 

However I have now been asked for an RFE of the court documents, I'm contacting the court now to try and obtain these records but it was so long ago (2002) I can't even remember who my Solicitors were and I'm worried that even the courts might not even be able to find anything because I'm unable to supply more than my name, address at the time and date of birth.

 

Looks like I'm in for a busy morning of googling and making phone calls.

 

Any advice from anyone with similar experience would be appreciated.

You don't need to remember who the Solicitors were----contact the court that had jurisdiction over the city were you living in at the time of your arrest.

The can do a records search based on the information you already provided to them and issue you a certified copy of the court records/disposition (or a certified letter from stating no records exist since they were destroyed---based on how long they keep records).  Since the crime happened in 2002, most likely the records have already been purged (destroyed).

 

The more info you provide them, the quicker the turnaround will be for the results---give them your full name at the time of the arrest (ie. if you legally changed your name after give them your maiden name), date of birth, the actual charge (if you remember it), and at least the year, or year and month it happened.  If you live close to the city it took place in you have the option of picking up the letter instead of waiting for it to be mailed.

 

If you can, also get a copy of the arrest record from the police headquarters that had jurisdiction in that city.  If those arrest records were destroyed, they can issue a statement on letterhead relaying this.

 

Order more than one certified copy since you will need to submit originals again later on in your immigration process---like if/when you apply for naturalization.

Edited September 8, 2017 by Going through

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1 minute ago, Going through said:

You don't need to remember who the Solicitors were----contact the court that had jurisdiction over the city were you living in at the time of your arrest.

The can do a records search based on the information you already provided to them and issue you a certified copy of the court records/disposition (or a certified letter from stating no records exist since they were destroyed---based on how long they keep records).  Since the crime happened in 2002, most likely the records have already been purged (destroyed).

 

If you can, also get a copy of the arrest record from the police headquarters that had jurisdiction in that city.  If those arrest records were destroyed, they can issue a statement on letterhead relaying this.

 

Order more than one certified copy since you will need to submit originals again later on in your immigration process---like if/when you apply for naturalization.

Thanks for your reply.

The Police Certificate which is a search of the National Crime Computer, came back with zip, the Subject Access Request at the police station I was charged at came back with zip, the magistrates court I was tried at closed 2 years ago, so now I am contacting the central magistrates court to see if they can help.

The lady I spoke to on the phone did not sound too hopeful about locating it.

 

I'll post the outcome in here but I suspect that I may need to prepare a letter, produce copies of the Police Certificate and Subject Access Request and if I can get a headed letter from the Magistrates confirming that no record can be found, then roll the dice.

 

All information that they have on this has come solely from me and not from any documents I sent so I'm hoping that this is enough but I am leaning towards getting an Immigration Lawyer if the courts do prove fruitless or cannot provide written confirmation.

 

It's just a headache I could really do without right now.

[Going through 5,671]

13 minutes ago, slashdot said:

I'll post the outcome in here but I suspect that I may need to prepare a letter, produce copies of the Police Certificate and Subject Access Request and if I can get a headed letter from the Magistrates confirming that no record can be found, then roll the dice.

Police clearance certificates don't have much to do with locating/providing arrest records---it's a different department that handles that.  Police clearance certificates mostly focus on outstanding or current charges.  You need to contact their FOIA department, or Records department.  The Subject Access Request letter should be good in your case, so hold on to that.

 

USCIS is going to want something certified from the court---even if it's a letter stating they can find no records, that is sufficient enough.  But USCIS will not approve your application without something court-certified regardless of what else you provide to them from other agencies or in writing yourself.  An immigration lawyer will also tell you to get something from the courts, so don't waste your money on that.

 

I fully understand it's a pain---I had to request info on a charge that happened 23 years ago in another country and it was a long fight to get the documents in my hand.

Edited September 8, 2017 by Going through

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Thanks again

13 minutes ago, Going through said:

 a long fight to get the documents in my hand.

I had a feeling this might be the case

I used google earth and found my solicitor, or atleast they have the same windows as the solicitor I used.

They have a ledger entry of when I was billed (Was Legal Aid so I didn't pay) but nothing more, so atleast I can narrow down the date a bit.

I'm going to be pecking the courts on the head till I get a letter showing the court records or one confirming that they can find nothing.

[Going through 5,671]

It's normally not a long time to get the documents...mine was just laziness on the clerk's part because the normal turnaround of 7 business days before mailing turned into nearly 2 months and I had to get several higher up people involved to finally get it sent to me.  Yours should not take quite as long, naturally.  If you can, go in person to order them because sometimes it can be done same-day if no records are found and they don't have to pull physical files for copying and insteaad just have to issue the generic letter.

 

This is why I stress ordering more than one copy of it though so you don't have to find yourself in the same situation of trying to track it down again years later when applying for citizenship.

Edited September 8, 2017 by Going through

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Looks like it could be Lawyer time, they responded saying that cannot supply anything without an "EXACT" date, January or February 2003 isn't enough. 

[Going through 5,671]

13 minutes ago, slashdot said:

Looks like it could be Lawyer time, they responded saying that cannot supply anything without an "EXACT" date, January or February 2003 isn't enough. 

Did you go down in person, or called?  Sometimes it's harder to refuse the request when done in person.

No one is going to remember the EXACT day from 14 or so years ago...especially when there is no other information about the date to go on.  I would try calling again (or visiting in person) to make the request---and ask to speak to the supervisor if you get someone refusing to do the search...searches can be done without knowing the exact date of the charge---because they are first done under your legal name and birthdate to see if anything comes up.  The search is FASTER if you know the date of the charge, etc....but not impossible without it.

Edited September 11, 2017 by Going through

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Called the number the Police gave me,

the people I called told me to send an email,

sent the email and they said they can send a court summary for £60 if I supply some basic info

Sent i but said I couldn't be sure of the date,

they replied with Jan - Feb 2003 wasn't good enough as they would have to check every date for those months

The court only had 3 court rooms....!!!

Contacted the CPS, (Crown Prosection Service) they atleast looked even trying my name with different spellings etc , but they drew a blank

They have now passed the details to the Police Criminal Records department but as the police certificate came back blank and the subject access request came back blank I'm not too hopeful.

I mean there are only 5 week  days in FEB that it could be as the Solicitors ledger closed on the 10th of Feb which was a Monday, I don't think they would close it if anything was still pending.

If anything just looking back 4 weeks prior should find something or be sufficient for them to say that no records exist.

Somehow I think "They wont look without an exact date" will wash with immigration.

I think I am glad not to be there in person as my hands might be around someone's throat..... but I think it's going to have to be in person.

Going to see if I can get access to check myself.